T. Rajesh Kumar v. The State Of Andhra Pradesh,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.28555 of 2015 BETWEEN T. Rajesh Kumar.

... PETITIONER AND The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others. ...RESPONDENTS DATE OF JUDGMENT PRONOUNCED: 28.09.2015 THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR 1.

Whether Reporters of Local newspapers may be allowed to see the Judgments?

No 2.

Whether the copies of judgment may be marked to Law Reporters/Journals?

No 3.

Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?

No

ORDER:

Petitioner states that he is an Ex-Sub-Inspector, Central Reserve Police Force and he is seeking allotment of Ac.5.00 cents of land under exserviceman quota. Petitioner states that he made an application dated 18.02.2011 to the District Collector, Krishna District, on which the District Collector endorsed that the application shall be made within twelve months from the date of discharge, as at that time, the petitioner was in active service. Petitioner states that later he took voluntary retirement with effect from 01.08.2014 and made an application dated 19.09.2014, on which the District Collector under proceedings Rc.E3.2649/2014 dated 29.09.2014 called for a detailed enquiry report from the Tahsildar to be submitted through the Sub-Collector, Nuzvid for taking further action.

But as no action was taken by the Tahsildar, petitioner made another application dated 23.07.2015 to the Tahsildar requesting to allot Ac.2.86 cents of vacant land in R.S.No.256/2 available at Veeravalli village and balance Ac.2.14 cents anywhere in Bapulapadu Mandal. The present writ petition is filed alleging inaction on the part of the Tahsildar/respondent No.3.

2. Instructions received by the learned Government Pleader from the Tahsildar, however, show that the matter is relating to assignment, which is governed by the Government policy and at present, there is no Government land available for allotment in view of requirement of new capital. It is also stated that, in any case, the Tahsildar is not the authority, as without the approval of the assignment committee, assignment cannot be granted.

3. It is, however, to be seen that the application of the petitioner is stated to be pending with the District Collector for consideration and the Tahsildar, is, therefore, required to submit a report in response to the report called for by the District Collector under proceedings dated 29.09.2014. In view of that,

the Tahsildar is directed to send a detailed report to the District Collector and thereafter, it is for the District Collector to consider the request of the petitioner in accordance with the policy of the Government and take appropriate decision in the matter expeditiously. The writ petition is disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. ______________________ VILAS V. AFZULPURKAR, J September 28, 2015 DSK